Summary
A 53-year-old naturalized U.S. citizen, originally from Afghanistan, was denied a security clearance under Guideline B (Foreign Influence). The applicant had served as a linguist for U.S. military forces and maintained strong ties to the U.S. However, the Statement of Reasons raised concerns about his family in Afghanistan, including three siblings and extended relatives.
Specifically, one brother holds a high and sensitive position in the Afghan government. The applicant reported contact with this brother approximately twice a year and with extended relatives in Iran every two or three years. While the applicant claimed no contact with another brother and a sister in Afghanistan since 1979, the adjudicator found that the disqualifying conditions under Guideline B, specifically AG ¶ 7(a) and AG ¶ 7(b), were not sufficiently mitigated.
Despite the application of mitigating conditions AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c), the applicant failed to demonstrate that his contacts in Afghanistan did not pose a security risk. The judge concluded that the brother's sensitive government position created potential for foreign pressure or coercion, and the applicant's family ties in Afghanistan presented an unmitigated conflict of interest, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant failed to demonstrate that his contacts in Afghanistan do not pose a security risk.
- The applicant's brother holds a high and sensitive position in the Afghan government, creating potential for foreign pressure or coercion.
- The applicant's ties to family members in Afghanistan create a conflict of interest that he could not sufficiently mitigate.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons That Create a Potential Conflict of Interest
- AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's relationships with family members in Afghanistan create a risk of foreign pressure.
- AG ¶ 8(b)rejectedNo Conflict of Interest Due to Minimal Loyalty to Foreign PersonsThe applicant's ties to family members in Afghanistan are significant and create potential conflicts.
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant maintains regular contact with his brother in Afghanistan.
Key Rule Quoted
“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedJun 19, 2013
- Answer filedNov 2, 2013Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateApr 22, 2014
Cite For
- Foreign Influence Concerns Under Guideline B
- Impact of Familial Ties in Foreign Countries on Security Clearance Eligibility
- The Burden of Proof on the Applicant to Mitigate Foreign Influence Risks